Biolaw And Policy In The Twenty First Century

This book offers an impressive collection of contributions on the epistemology of international biolaw and its applications, both in the legal and ethical fields. Bringing together works by some of the world’s most prominent experts on biolaw and bioethics, it constitutes a paradigmatic text in its field. In addition to exploring various ideologies and philosophies, including European, American and Mediterranean biolaw traditions, it addresses controversial topics straight from today’s headlines, such as genetic editing, the dual-use dilemma, and neurocognitive enhancement. The book encourages readers to think objectively and impartially in order to resolve the ethical and juridical dilemmas that stem from biotechnological empowerment and biomedical techniques. Accordingly, it offers a valuable resource for courses on biolaw, law, bioethics, and biomedical research, as well as courses that discuss law and the biosciences at different professional levels, e.g. in the courts, biomedical industry, pharmacological companies and the public space in general.

This book offers an impressive collection of contributions on the epistemology of international biolaw and its applications, both in the legal and ethical fields. Bringing together works by some of the world's most prominent experts on biolaw and bioethics, it constitutes a paradigmatic text in its field. In addition to exploring various ideologies and philosophies, including European, American and Mediterranean biolaw traditions, it addresses controversial topics straight from today's headlines, such as genetic editing, the dual-use dilemma, and neurocognitive enhancement. The book encourages readers to think objectively and impartially in order to resolve the ethical and juridical dilemmas that stem from biotechnological empowerment and biomedical techniques. Accordingly, it offers a valuable resource for courses on biolaw, law, bioethics, and biomedical research, as well as courses that discuss law and the biosciences at different professional levels, e.g. in the courts, biomedical industry, pharmacological companies and the public space in general.

This book configures a consistent epistemology of biolaw that distinguishes itself from bioethics and from a mere set of international instruments on the regulation of biomedical practices. Such orthodox intellection has prevented biolaw from being understood as a new branch of law with legally binding force, which has certainly dwindled its epistemological density. Hence, this is a revolutionary book as it seeks to deconstruct the history of biolaw and its oblique epistemologies, which means not accepting perennial axioms, and not seeing paradigms where only anachronism and anomaly still exist. It is a book aimed at validity, but also at solidity because the truth of biolaw has never been told before. In that sense, it is also a revealing text. The book shapes biolaw as an independent and compelling branch of law, with a legally binding scope, which boosts the effectiveness of new deliberative models for legal sciences, as well as it utterly reinforces hermeneutical and epistemological approaches, in tune with the complexity of disturbing legal scenarios created by biomedical sciences’ latest applications. This work adeptly addresses the origins of the European biolaw and its connections with American bioethics. It also analyses different biolaw’s epistemologies historically developed both in Europe and in the United States, to finally offer a new conception of biolaw as a new branch of law, by exploring its theoretical and practical atmospheres to avoid muddle and uncertainty when applied in biomedical settings. This book is suitable for academics and students of biolaw, law, bioethics, and biomedical research, as well as for professionals in higher education institutions, courts, the biomedical industry, and pharmacological companies.

This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies. The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.

This book assesses the state of EU law fifty years after the Communities were established, contributing to the debate on the European Constitution.

This book, to be published in two volumes, is based on the contributions made to the W.G. Hart Workshop 2003. It contains more than forty contributions by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European Constitution. The second volume focuses on challenges in the field of the internal market and external relations, looking at diverse areas of European Law, including free movement, competition law and merger control, public procurement, consumer law, enlargement, WTO, third country nationals, sex equality ets. Authors include: Tony Arnull, George Bermann, Marise Cremona, Paul Craig, Eileen Denza, Piet Eeckhout, Koen Lenaerts, Steve Peers, Wulf-Henning Roth, Francis Snyder, Erika Szyszczak, Takis Tridimas and Stephen Weatherill.

The Handbook of Bioethical Decisions is aimed at addressing and analyzing the most important ethical concerns and moral quandaries arisen in biomedical and scientific research. As such, it identifies and problematizes on a comprehensive range of ethical issues researchers must deal with in different critical contexts. Thus, the Handbook, Vol. I, may be helpful for them to make decisions and deliberate in complex practical scenarios. In this fashion, the volume reunites different points of view to give readers room enough to get a better knowledge and take their own position on pressing bioethical issues of the day. Consequently, this work seeks to engender dense ethical epistemology scientists can count on when conducting latest generation biomedical research. By bringing together an impressive array of contributions on the most important elements and categories for “at the bench” bioethical decisions as well as offering chapters by some of the most world renowned and prominent experts in bioethics, the Handbook, Vol. I, is a paradigmatic text in its area and a valuable resource for courses on bioethics, and biomedical research, as well as courses that discuss ethics and the biosciences at different professional levels, biomedical industry, pharmacological companies and the public sphere in general.

The Handbook of Bioethical Decisions Volume II addresses and analyzes the most important ethical concerns and moral quandaries related to scientific integrity and institutional ethics. It counts on two parts, Part One: Research Ethics, which addresses issues related to Scientific Integrity, Research Misconduct and Conducting Ethical Research, and Part Two: Institutional Ethics and Bioethics Committees, which explores Institutional Ethics issues, Ethics and Bioethics Committees’ roles and scopes, and Bioethical Issues in Institutional Ethics. Consequently, the Handbook, Vol. II, offers a remarkable collection of works by outstanding international experts on institutional and research ethics, in order for bioethics practitioners to obtain better elements to address key issues related to integrity in research as well as to decision-making processes. In this fashion, this volume is a valuable resource for professionals working on different bioethical and biomedical fields, such as, ethics and bioethics committees, health care institutions, biomedical and pharmacological companies, and academic settings, among others. Chapter 26 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

This book shows how the legal systems of individual European countries protect patient autonomy. In particular, it explains the role of criminal law, that is, what criminal law protection of patient autonomy looks like on a European scale in both legal and social dimensions. Despite EU integration processes, the work illustrates that the legal orders of individual European countries are far from uniform in this area. The concept of patient autonomy here is generally in the context of the patient's freedom from unwanted medical activities: the so-called negative freedom. At the same time, in countries where there are no regulations clearly criminalising the performance of a therapeutic activity without the patient's consent, the so-called positive freedom is also discussed. The book will be a valuable reference work for academics, researchers and policy-makers working in Health Law, Medical Ethics, Applied Ethics and Criminal Law.

The aim of this book is to introduce and discuss bioethics in a three-synergistic way: from the foundations to the current debates in relation to healthcare and social bioethics, and thereafter the possible future challenges. In this sense, the target audience can be from diverse disciplines: life and medical sciences, law, philosophy, psychology, and education. The book will be useful to high school students, in their first contacts with bioethics, college students, teachers and researchers, and the general public interested in these controversial debates of the past, present and future of bioethics.